Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise of suit during suit proceedings or appeal - Held, Court must insist upon parties to reduce terms of compromise into writing...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3) -- Withdrawal of suit - Permission to file same afresh - Subject matter of suit is same - Property involved in suit is same - Question as to whether any Will was executed by deceased in favour of petitioner and others has to be proved in present suit itself and not by filing a separate suit - Held, application is..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit filed by mother on behalf of minor daughter - Withdrawal of suit sought by mother on the ground that daughter was not minor, which fact came to knowledge of mother later on - Contention that it is daughter, who is major, who can withdraw suit, and not the mother - Contention repelled by holding that..........
Civil Procedure Code, 1908, Section 89, 16, 20, 21, Order 23, Rule 3 - - Refund of entire court fee - Entitlement - Held, for refund of court fee as provided u/s 16 of the Court Fees Act, 1870, the matter should have been referred to any of the modes of settlement u/s 89 of CPC - If the matter is settled between the parties, otherwise than on a reference u/s 89 of CPC,..........
Civil Procedure Code, 1908, Section 89, Order 23, Rule 3, Court Fees Act, 1870, Section 16, Kerala Court Fees and Suits Valuation Act, 1959, Section 69 - - Refund of court fee - Whether plaintiff who paid full court fee is entitled to get refund of entire amount of court fee on settlement of disputes between parties and on filing compromise petition u/R.3 of O.23 CPC and..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Non giving of complete description of property - Not a ground to allow withdrawal of suit - Complete description of property can be given by seeking amendment of plaint which will not change the nature of suit - Application dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Appeal against - Maintainability of - Objections were raised before trial court U.O.23.R.3 of CPC in passing decree based on agreement or compromise - Held, appeal u/s 96(1) would be maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside of - Partition suit decreed - In first appeal decree modified on the basis of compromise between parties - Defendant No.1 filed cross appeal challenging correctness of decision of appellate Court on the ground that compromise neither recorded by appellate Court nor parties were present in..........
Jammu and Kashmir Civil Procedure Code, 1977, Order 23, Rule (1)(3) -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise by counsel - Validity and legality - Right vested in wife under judicial order cannot be relinquished by her counsel and that too in her absence - Injunction suit brought by wife as husband gifted land to his brother, which was in possession of wife in lieu of maintenance claim - Proposal for compromise already..........
